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09-30-03Minutes Little Rock Board of Directors September 30, 2003 MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas September 30, 2003 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in Special Session, with Mayor Dailey presiding, for the purpose of consideration of the continued employment of Police DROP participants, and to consider an ordinance calling for a Special Election for the purpose of issuing bonds for various capital improvements. Nataki Blocker, Assistant City Clerk, called the roll with the following directors present: Directors Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, and Mayor Dailey. Director Adcock was absent. Mayor Dailey asked the Board to consider a modification to the special meeting agenda: Mr. Carpenter, City Attorney, explained that the Board had previously approved moving forward with contract negotiations, which has now been completed and the parties are ready to close on Monday. The resolution is to allow the Mayor to sign the deed so the transaction can close. The price is $175,000. Director Cazort moved to add the item to the agenda, Director Graves seconded the motion, and by unanimous voice vote of the Board members present, the item was added to the special meeting agenda. M -1. RESOLUTION NO. 11,608 — Authorizing the Mayor and City Clerk to execute a warranty deed for the conveyance of property located at 510 Main Street, know as the former M.M. Cohn Building; and for other purposes. The resolution was read. A motion was made by Director Cazort; seconded by Director Graves to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. Mr. Carpenter explained that the Board had previously approved an Ordinance to hire a company to help sell the building, and also approved going foreword with contract — negotiations, which has now been completed. The parties are ready to close. This resolution is merely to allow the Mayor to sign the deed so the transaction can close on October 6, 2003. The price is $175,000 Director Cazort moved to add the item to the agenda with Director Graves seconding the motion. By unanimous voice vote of the Board members present, the item was added to the special meeting agenda. 1. RESOLUTION NO. 11,607 - To approve, pursuant to Act 1372 of 2003, the continued employment of members of the Deferred Retirement Option Plan ( "DROP ") for the Little Rock Police Pension and Relief Fund at the conclusion of the DROP period; and for other purposes. Mr. Moore stated staff has reviewed this plan, and is very supportive of moving it forward. Mr. Ed Adcock, Attorney representing the Board of Trustees of the City of Little Rock Policemen's Pension and Relief Fund, stated that for many years the statutes governing the fund has required officers who complete participation in the Deferred Retirement Option Plan to cease employment immediately after their participation in that plan, which is after they finish a full ten years in the plan, and the time is fast approaching for officers who have been in this plan and have completed a full ten years of participation. Mr. Adcock said he had been instructed to work with the legislature to get a change to that statute through the last legislative session that would do two things. One, it would allow members who want to remain police officers to remain. Two, it would do so without hurting the fund. He said House Bill 1228 passed, and has been enacted into law and signed by the Governor as Act 1352. It actually allows for continued employment of officers after they complete ten years of DROP, under conditions that benefit the officer, the city, and the fund. The state actuaries looked at this proposal and have already opined that not only would it not hurt the fund, but would help the retirement fund. The reason being that during the period in which they continue employment, after participating in DROP, these officers will be required to cease receiving their mostly benefit during that period of time, thereby saving the fund a considerable amount of money. It will also benefit the city in that it allows the city to keep police officers on board at a point and time when officers are retiring or are Minutes Little Rock Board of Directors September 30, 2003 on active duty and they are not being replaced right now. It allows the city to save money on police officers that exercise this option. The cost of hiring and training new officers is avoided when and if the time comes to expand the department, and the city stops paying the 6% premium toward their retirement, the minute they go on this plan. Their salary actually goes down 6 %. For the people who want to remain under these terms and conditions, this allows them to do so. Mr. Adcock stated he thought it was a win situation for the officer, the fund and the city. He said he knows of no opposition to the plan. Director Hurst asked if there was a time limit on employment. Mr. Adcock stated there is no time limit imposed by law. Director Wyrick was supportive saying that it might also help offset or defer training costs of new officers. The resolution was read. Director Keck, seconded by Director Wyrick, moved for the adoption of the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. Mayor Dailey read a note from Director Adcock who was not present at the meeting which stated: I regret to inform you that I will be unable to attend tonight's meeting due to a viral infection. However, if I were present, I would enthusiastically be in support of the ordinance calling for the election regarding the continuation of the current millage support of our capitol improvement bonds. In addition, I will be campaigning in every part of our community to encourage all of our citizens to support the continuation of this millage that will support critical needs of our community. 2. ORDINANCE No. 18,941- Calling a special election in the City of Little Rock, Arkansas, for the purpose of submitting to the electors of the City the questions of issuing bonds for various capital improvements; and prescribing other matters relating thereto. Mr. Bruce Moore, City Manager, announced that bond counsel as well as the City Attorney was present to overview the ordinance. Mr. Moore announced the ordinance was prepared according to the Boards direction at the meeting on September 23, 2003, and there have been no changes. Mr. Carpenter, City Attorney, stated there had been some brief modifications to the ordinance, which were format changes as to how the ballot title was actually set out. The constitution requires that in an election of this type, each particular capital item has to be set out separately, which was discussed at the last meeting. He reviewed by saying the ordinance calls the election for November 4, 2003 and sets what is to be the amount of the bonds at the $75, 185,000, and notes in the recitals and that 3.3 mills will secure them and they will be pledged for a certain period of time. The first section of the ordinance actually calls the election for November 4, 2003; the second section sets forth the ballot titles, and notes the various questions. The voters are told at the very beginning that there will be a tax rate of 3.3 mills based upon which of the questions are approved. The nine questions are listed, and the rest of the sections are ones that deal with the technical aspects of the election. He said there is a section that Director Adcock had discussed earlier about how the funds will be expended particularly for street and drainage projects throughout the city, following the lead of what was done with the Future Little Rock tax a few years ago. Once the election is over, and it is determined which questions are passed, then a resolution would be put in place that would bring together equal spending of the monies in the various wards. Mr. Bruce Moore stated for public record, originally under drainage projects there was an Isom Creek Flood Study in the Panky Area. He stated that bond counsel has informed staff that dollars could not be spent for a study, and that approximate cost was $90,000. He stated a drainage project for $90,000 has been added to Ward 4. Mayor Dailey asked Mr. Shep Russell, bond counsel, to articulate on the items listed in the proposal. Mr. Russell stated that Question 1 deals with the Fire Department Improvement Bonds. Included with that will be the second phase of the Fire Training Academy and also within that question will be some renovations to fire stations and emergency generators for the fire department. Question 2 deals with the Police Department. This includes a Downtown Police Service Center, emergency generators, and crime detection equipment, which is basically the neighborhood surveillance video. Question 3 deals with Emergency Communications. He said the way this is grouped is the 311 Call Center, the combined police and fire radio equipment and emergency warning. Question 4 deals with the Street Improvements, and the way it is phrased is that it will include any improvements to streets, the street calming measures, and the signalization. He stated this is the biggest portion of the bond issue at $72,000,000. 0 Minutes Little Rock Board of Directors September 30, 2003 Question 5 deals with drainage. Question 6 deals with Parks and Recreation, which has all improvements listed, including the Zoo. It includes the trail, the community center renovations, improvements to existing parks, etc. Question 7 started out as a sidewalks issue, but was expanded to crossing, and to make them related the area of pedestrian school safety was established for schools inside the City. Question 8, deals with Animal Services, includes upgrades at the current facility, improvements in the kennel and adoption area. Question 9 deals with Robinson Center & Statehouse Convention Center, which were grouped together, and include primarily stage improvements in the Robinson Center and upgrades and improvements to restrooms at the Statehouse Convention Center. Mr. Russell stated bond underwriters are in attendance at this meeting, and would answer any specific questions. Director Kumpuris asked Mr. Russell to state for public record who would be handing the bonds. Mr. Russell stated that Crews and Associates, Stevens, and Morgan Keegan are all three working on this bond issue. Mayor Dailey restated that if the ordinance is adopted at this meeting, the election would be called for November 4, 2003 and on that date, citizens would have the opportunity to continue the 3.3 Mills that the city has been using as part of the system for doing capitol improvements for the last four or five decades. Included in that are nine questions, and by law they must break them out in several different ways, as Mr. Russell has outlined. Mayor Dailey stated that there would be nine items to vote on. The ordinance was read the first time. Director Cazort, seconded by Director Pugh made a motion to suspend the rules and place the item on second reading. By voice majority vote of Board members present, being two - thirds in number, the rules were suspended to provide for the second reading. The ordinance was read the second time. Director Cazort, seconded by Director Pugh made a motion to suspend the rules and place the item on third reading. By voice majority vote of Board members present, being two - thirds in number, the rules were suspended to provide for the third reading. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Director Pugh, yes, Hurst, yes, Cazort, yes, Keck, yes, Stewart, yes, Wyrick, yes, Kumpuris, yes, Graves, yes, Vice Mayor Hinton, yes, Mayor Dailey, yes. Director Adcock was absent. The ordinance passed. A motion was made by Vice Mayor Hinton, seconded by Director Cazort to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned at 5:10 PM. ATTEST: cy W od, City Cferik Adjourn APPROVED: JLC ton Dailey, Mayor 3